LRBb3118/2
JTK/RJM/MES:kg:pg
January 2002 Special Session
2001 - 2002 LEGISLATURE
CONFERENCE AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
July 3, 2002 - Offered by Conference on January 2002 Special Session Assembly
Bill 1.
AB1-ASA1-CA2,1,94
5.02
(13) "Political party" or "party" means a state committee registered under
5s. 11.05
and organized exclusively for political purposes under whose name
6candidates appear on a ballot at any election, and all county, congressional,
7legislative, local and other affiliated committees authorized to operate under the
8same name. For purposes of ch. 11, the term does not include
a legislative campaign
9committee or a committee filing an oath under s. 11.06 (7).
AB1-ASA1-CA2,2,811
5.05
(2) Auditing. In addition to the facial examination of reports and
12statements required under s. 11.21 (13), the board shall conduct an audit of reports
1and statements which are required to be filed with it to determine whether violations
2of ch. 11 have occurred. The board may examine records relating to matters required
3to be treated in such reports and statements. The board shall make official note in
4the file of a candidate, committee, group or individual under ch. 11 of any error or
5other discrepancy which the board discovers and shall inform the person submitting
6the report or statement.
The board may also examine all documentation that is
7required to be maintained by political parties that receive grants from the Wisconsin
8election campaign fund under s. 11.50 (2s).".
AB1-ASA1-CA2,3,213
7.08
(2) (c) As soon as possible after the canvass of the spring and September
14primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
15September, transmit to the state treasurer a certified list of all eligible candidates
16for state office who have filed applications under s. 11.50 (2) and whom the board
17determines to be eligible to receive payments from the Wisconsin election campaign
18fund
, together with a list of eligible political parties that are authorized to use grants
19from the Wisconsin election campaign fund to make contributions under s. 11.50 (2s)
20(f) to those candidates. The board shall also electronically transmit a similar list of
21candidates who the board determines are eligible to receive a grant under s. 11.50
22(4) (bg) or (br) within 24 hours after any candidate qualifies to receive such a grant.
23The list shall contain each candidate's name, the mailing address indicated upon the
24candidate's registration form, the office for which the individual is a candidate and
1the party or principle which he or she represents, if any
, or the name of the eligible
2political party and the mailing address indicated on the party's registration form.
AB1-ASA1-CA2,3,214
7.08
(2) (cm) As soon as possible after the canvass of a special primary, or the
5date that the primary would be held, if required, transmit to the state treasurer a
6certified list of all eligible candidates for state office who have filed applications
7under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
8from the Wisconsin election campaign fund prior to the election. The board shall also
9transmit a similar list of candidates, if any, who have filed applications under s. 11.50
10(2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1)
11(a)
2. 1. b. after the special election.
In addition, the board shall transmit at the same
12time a list of eligible political parties that are authorized to use grants from the
13Wisconsin election campaign fund to make contributions under s. 11.50 (2s) (f) to
14candidates of those parties whose names are certified under this paragraph. The 15board shall electronically transmit a similar list of candidates who the board
16determines are eligible to receive a grant under s. 11.50 (4) (bg) or (br) within 24
17hours after any candidate qualifies to receive such a grant. The list shall contain
18each candidate's name, the mailing address indicated upon the candidate's
19registration form, the office for which the individual is a candidate and the party or
20principle which he or she represents, if any
or the name of the eligible political party
21and the mailing address indicated on the party's registration form.
AB1-ASA1-CA2,4,423
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
24for state or local office in accordance with s. 11.05 (2g)
or (2r) by the applicable
25deadline for filing nomination papers by
such the candidate, or the deadline for filing
1a declaration of candidacy for an office for which nomination papers are not filed, the
2name of the candidate may not appear on the ballot. This subsection may not be
3construed to exempt a candidate from applicable penalties if he or she files a
4registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
AB1-ASA1-CA2,4,136
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
7if If the former candidate was a partisan candidate
or, donated to the former
8candidate's local or state political party, donated to
the a charitable organization
of
9the former candidate's choice or the charitable organization chosen
or transferred to
10the board for deposit in the Wisconsin election campaign fund, as instructed by the
11former candidate or, if the candidate left no instruction, by the former candidate's
12next of kin
if the former candidate is deceased, or if no choice is made returned to the
13donors on a proportional basis; or
AB1-ASA1-CA2,4,1914
b. If the former candidate was a nonpartisan candidate, donated to
the a 15charitable organization
of the former candidate's choice or the charitable
16organization chosen or transferred to the board for deposit in the Wisconsin election
17campaign fund, as instructed by the former candidate or, if the candidate left no
18instruction, by the former candidate's next of kin
if the former candidate is deceased;
19or
AB1-ASA1-CA2,5,521
8.35
(4) (c) The transfer
to the replacement candidate under par. (b) shall be
22made and reported to the appropriate filing officer
in a special report submitted by
23the former candidate's campaign treasurer. If the former candidate is deceased and
24was serving as his or her own campaign treasurer, the former candidate's petitioner
25or personal representative shall
file the report and make the transfer
required by
1par. (b), if any and file the report. The report shall
be made at the appropriate
2interval under s. 11.20 (2) or (4) and shall include a complete statement of all
3contributions, disbursements and incurred obligations pursuant to s. 11.06 (1)
4covering the period from the day after the last date covered on the former candidate's
5most recent report to the date of disposition.
AB1-ASA1-CA2,5,96
(d) The newly appointed candidate shall file his or her report at the next
7appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The
8appointed candidate shall include any transferred
funds moneys in his or her first
9report.
AB1-ASA1-CA2,5,1711
11.001
(2m) The legislature finds a compelling justification for minimal
12disclosure of all communications that are to be made near the time of an election and
13that include a reference to or depiction of a clearly identified candidate at that
14election in order to permit increased funding for candidates who are affected by those
15communications. This minimal disclosure burden is outweighed by the need to
16establish an effective funding mechanism for affected candidates to effectively
17respond to communications that may impact an election.
AB1-ASA1-CA2,5,2519
11.01
(4m) "Communication" means a message, other than a communication
20that is exempt from reporting under s. 11.29, that is transmitted by means of a
21printed advertisement, billboard, handbill, marked sample ballot, radio or television
22advertisement, mass electronic communication, mass telephoning, or mass mailing,
23or any medium that may be utilized for the purpose of disseminating or broadcasting
24a message, but not including a poll conducted solely for the purpose of identifying or
25collecting data concerning the attitudes or preferences of electors.
AB1-ASA1-CA2,6,53
11.01
(12w) "Mass electronic communication" means the transmission of 50 or
4more pieces of substantially identical material by means of electronic mail or
5facsimile transmission.
AB1-ASA1-CA2,6,7
6(13) "Mass mailing" means the distribution of 50 or more pieces of
7substantially identical material.
AB1-ASA1-CA2,6,9
8(14) "Mass telephoning" means the making of 50 or more telephone calls
9conveying a substantially identical message.
AB1-ASA1-CA2,6,1611
11.01
(16) (a) 3. A communication, other than a communication that is exempt
12from reporting under s. 11.29, that is made during the period beginning on the 60th
13day preceding a general, special, or spring election and ending on the date of that
14election and that includes a reference to or depiction of a clearly identified candidate
15whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot for
16election or nomination to an office to be filled at that election.
AB1-ASA1-CA2,6,2118
11.01
(17g) "Public access channel" means a channel that is required under a
19franchise granted under s. 66.0419 (3) (b) by a city, village, or town to a cable operator,
20as defined in s. 66.0419 (2) (b), and that is used for public access purposes, but does
21not include a channel that is used for governmental or educational purposes.
AB1-ASA1-CA2,6,23
22(17r) "Public access channel operator" means a person designated by a city,
23village, or town as responsible for the operation of a public access channel.
AB1-ASA1-CA2, s. 1dt
24Section 1dt. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
25to read:
AB1-ASA1-CA2,7,8
111.05
(1) (a) Except as provided in s. 9.10 (2) (d), every committee
, other than
2a personal campaign committee,
and every political group subject to registration
3under s. 11.23 which that makes or accepts contributions, incurs obligations or
4makes disbursements in a calendar year in an aggregate amount in excess of $25
5shall file a statement with the appropriate filing officer giving the information
6required by sub. (3). In the case of any committee other than a personal campaign
7committee, the statement shall be filed by the treasurer. A personal campaign
8committee shall register under sub. (2g)
or (2r).
AB1-ASA1-CA2,7,1310
11.05
(1) (b) Every political group subject to registration under s. 11.23 which
11makes or accepts contributions, incurs obligations, or makes disbursements in a
12calendar year in an aggregate amount in excess of $100 shall file a statement with
13the appropriate filing officer giving the information required by sub. (3).
AB1-ASA1-CA2, s. 1ee
14Section 1ee. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
15to read:
AB1-ASA1-CA2,7,2316
11.05
(2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
17a candidate or agent of a candidate, who accepts contributions, incurs obligations,
18or makes disbursements
with respect to one or more elections for state or local office 19in a calendar year in an aggregate amount in excess of $25 shall file a statement with
20the appropriate filing officer giving the information required by sub. (3). An
21individual who guarantees a loan on which an individual, committee or group subject
22to a registration requirement defaults is not subject to registration under this
23subsection solely as a result of such default.
AB1-ASA1-CA2,8,4
111.05
(2) (b) Every individual who accepts contributions, incurs obligations, or
2makes disbursements with respect to one or more referenda in a calendar year in an
3aggregate amount in excess of $100 shall file a statement with the appropriate filing
4officer giving the information required by sub. (3).
AB1-ASA1-CA2, s. 1em
5Section 1em. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).
AB1-ASA1-CA2, s. 1eo
6Section 1eo. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
7amended to read:
AB1-ASA1-CA2,9,38
11.06
(2m) (a) Any person, committee or group, other than
a committee or an 9individual
or committee required to file an oath under
s. 11.06 sub. (7), who or which
10does not anticipate accepting contributions, making disbursements or incurring
11obligations in an aggregate amount in excess of $1,000 in a calendar year and does
12not anticipate accepting any contribution or contributions from a single source, other
13than contributions made by a candidate to his or her own campaign, exceeding $100
14in that year may indicate on its registration statement that the person, committee
15or group will not accept contributions, incur obligations or make disbursements in
16the aggregate in excess of $1,000 in any calendar year and will not accept any
17contribution or contributions from a single source, other than contributions made by
18a candidate to his or her own campaign, exceeding $100 in
such any calendar year.
19Any registrant making such an indication is not subject to any filing requirement if
20the statement is true. The registrant need not file a termination report. A registrant
21not making such an indication on a registration statement is subject to a filing
22requirement. The indication may be revoked and the registrant is then subject to a
23filing requirement as of the date of revocation, or the date that aggregate
24contributions, disbursements or obligations for the calendar year exceed $1,000, or
25the date on which the registrant accepts any contribution or contributions exceeding
1$100 from a single source, other than contributions made by a candidate to his or her
2own campaign, during
that any calendar year, whichever is earlier.
If the revocation
3is not timely, the registrant violates s. 11.27 (1).
AB1-ASA1-CA2,9,85
11.05
(3) (c) In the case of a committee, a statement as to whether the
6committee is a personal campaign committee, a political party committee,
a
7legislative campaign committee, a support committee or a special interest
8committee.
AB1-ASA1-CA2,9,1210
11.05
(3) (m) In the case of a personal campaign committee, the name of the
11candidate on whose behalf the committee was formed or intends to operate and the
12office or offices that the candidate seeks.
AB1-ASA1-CA2,9,1715
11.05
(3) (r) In the case of a candidate or personal campaign committee of a
16candidate, the telephone number or numbers and a facsimile transmission number
17or electronic mail address, if any, at which the candidate may be contacted.